SENATE RULES COMMITTEE SUBSTITUTE FOR
SENATE BILL 434
51st legislature - STATE OF NEW MEXICO - first session, 2013
AN ACT
RELATING TO PUBLIC OFFICERS; AMENDING SECTIONS OF THE NMSA 1978 TO PROVIDE FOR TRAINING OF MUNICIPAL ELECTED OFFICERS BY THE DEPARTMENT OF FINANCE AND ADMINISTRATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 3-10-2 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-9-2) is amended to read:
"3-10-2. OFFICERS--OATH AND BOND--FAILURE TO QUALIFY.--
A. [Any] An officer elected or appointed to [any] a municipal office shall take an oath or affirmation to support the constitution of the United States and the constitution and laws of New Mexico and to faithfully perform the duties of [his] the office.
B. For the care and disposition of municipal funds in the employee's custody and for the faithful discharge of the employee's duties, the governing body of the municipality shall require a corporate surety bond from the treasurer, the police officer and any other employee it designates. In lieu of individual corporate surety bonds, the governing body may secure a blanket corporate surety bond. The municipality shall pay for the surety bond.
C. The governing body of any municipality may declare vacated the office of any person who fails, within ten days after [he] the person has been notified of [his] the person's election or appointment to office, to take the oath of office or to give bond when required.
D. The department of finance and administration, in consultation with the New Mexico municipal league, shall:
(1) establish the form and content of a training course for officers elected or appointed to an elective municipal office in ethics, finances, audit requirements, the Inspection of Public Records Act, the Open Meetings Act and such other topics as the department may require; and
(2) select and, in the case of providers other than the department, enter into agreements with authorized providers of the training course, which may be other governmental or nongovernmental entities. Training course providers shall issue certificates of completion to municipal officials attending the training course, duplicates of which shall be sent to the department.
E. An officer elected or appointed to an elective municipal office shall, within one year of being elected or appointed, successfully complete the training course established by the department of finance and administration pursuant to Subsection D of this section from a provider approved by the department. The municipality shall reimburse, in accordance with the Per Diem and Mileage Act, any travel expenses that the municipal officer incurs to attend the training course and pay any fee charged by the service provider.
F. The secretary of finance and administration may summarily suspend the compensation of a municipal officer who fails to attend the required training course by the deadline established in this subsection. Such suspension shall:
(1) be by written order addressed to the municipal officer and the mayor of the municipality or, if the office of mayor is vacant or the municipal officer failing to timely complete the training course is the mayor, the mayor pro tem, president or presiding officer of the governing body, in care of the municipality;
(2) be effective upon delivery of the written order to the municipality;
(3) affect only the compensation that would otherwise be due for services rendered after the effective date of the written order; and
(4) continue until such time as the secretary of finance and administration determines that the municipal officer has attended the required training course and issues a written order lifting the suspension to the municipal officer whose compensation was suspended and the mayor of the municipality or, if the office of mayor is vacant or the municipal officer whose compensation was suspended is the mayor, the mayor pro tem, president or presiding officer of the governing body, in care of the municipality. The municipality shall remit to the municipal officer whose compensation was suspended all compensation earned during the suspension within a reasonable time after receipt of the written order lifting the suspension."
SECTION 2. Section 10-1-13 NMSA 1978 (being Laws 1967, Chapter 238, Section 1, as amended) is amended to read:
"10-1-13. COUNTY OFFICERS--OATH--BOND.--
A. As used in this section, "county officer" means county commissioner, county assessor, county clerk, county sheriff, county treasurer, probate judge, county flood commissioner and small claims court clerk.
B. Before assuming the duties of office, each county officer shall take and subscribe the oath of office prescribed by the constitution of New Mexico and give an official bond payable to the state and conditioned for the faithful performance of duties, during the county officer's term of office and until a successor is elected or appointed and is qualified, and that the county officer shall pay all money received in the county officer's official capacity to the person entitled to receive it. The bond shall be executed by a corporate surety company authorized to do business in this state. The amount of the bond required shall be fixed by the board of county commissioners in a sum equal to twenty percent of the public money handled by the county officer during the preceding fiscal year but not to exceed:
county commissioner- - - - - - - - - - - - - - - - $ 5,000
county assessor- - - - - - - - - - - - - - - - - - -5,000
county clerk- - - - - - - - - - - - - - - - - - - -10,000
county sheriff- - - - - - - - - - - - - - - - - - -20,000
county treasurer- - - - - - - - - - - - - - - - - -50,000
probate judge- - - - - - - - - - - - - - - - - - - -5,000
county flood commissioner- - - - - - - - - - - - - 10,000
small claims court clerk- - - - - - - - - - - - - 10,000.
C. The department of finance and administration, in consultation with the New Mexico association of counties, shall:
(1) establish the form and content of a training course for officers elected or appointed to an elective county office in ethics, finances, audit requirements, the Inspection of Public Records Act, the Open Meetings Act and such other topics as the department may require; and
(2) select and, in the case of providers other than the department, enter into agreements with authorized providers of the training course, which may be other governmental or nongovernmental entities. Training course providers shall issue certificates of completion to county officials attending the training course, duplicates of which shall be sent to the department.
D. An officer elected or appointed to an elective county office shall, within one year of being elected or appointed, successfully complete the training course established by the department of finance and administration pursuant to Subsection C of this section from a provider approved by the department. The county shall reimburse, in accordance with the Per Diem and Mileage Act, any travel expenses that the county officer incurs to attend the training course and pay any fee charged by the service provider.
E. The secretary of finance and administration may summarily suspend the compensation of a county officer who fails to attend the required training course by the deadline established in Paragraph (3) of this subsection. Such suspension shall:
(1) be by written order addressed to the county officer and the chair of the board of county commissioners or, if there is no chair or the county officer failing to timely complete the training course is the chair, the county clerk, in care of the county;
(2) be effective upon delivery of the written order to the county;
(3) affect only the compensation that would otherwise be due for services rendered after the effective date of the written order; and
(4) continue until such time as the secretary determines that the county officer has attended the required training course and issues a written order lifting the suspension to the county officer whose compensation was suspended and the chair of the board of county commissioners or, if there is no chair or the county officer whose compensation was suspended is the chair, the county clerk, in care of the county. The county shall remit to the county officer whose compensation was suspended all compensation earned during the suspension within a reasonable time after receipt of the written order lifting the suspension.
[C.] F. Each county officer shall appoint a deputy or clerk, as allowed by law, who shall take the oath of office required of the appointing county officer and shall receive salary as provided by law. In case of the death of the appointing county officer, the deputy shall continue in office and perform the duties of the county officer until a new county officer is appointed and qualified as required by law.
[D.] G. The cost of official bonds for county officers shall be paid from the county general fund, and the board of county commissioners may elect to provide a schedule or blanket corporate surety bond covering county officers and employees for any period of time not exceeding four years. [E.] If any county officer fails to give bond by January 10 following the county officer's election or within ten days of appointment, the board of county commissioners shall declare the office vacant."
SECTION 3. APPLICABILITY.--The provisions of this act apply to elected officials appointed or elected to an elective municipal or county office after July 1, 2013.
SECTION 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2013.
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